The Chief Conservator Of Forest v. K.Ilanchezhian
W.P(MD)No.936 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.A(MD)No.936 of 2019 and C.M.P.(MD)No.8444 of 2019 1.The Chief Conservator of Forest, Madurai Circle, Race Course Road, Madurai-625 002.
2.The District Forest Officer, Madurai Division, Race Course Road, Madurai-625 002.
.. Appellants/Respondents Vs.
K.Ilanchezhian .. Respondent/Petitioner PRAYER: Writ Appeal is filed under Clause 15 of the Letter Patent Act, to set aside the order dated 10.01.2019 and passed in W.P.(MD) No.25479 of 2018.
Prayer in WP(MD). 25479/ 2018:
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent i.e., the District Forest Officer, Madurai in his memo R.C.No.5403/2013Pa1 Dated:30.11.2018 and quash the same and consequently direct the respondents to make payment of Encashment of Leave Salary and Special Provident Fund amount within a specified time frame that may be fixed by this Honourable Court For Appellants : Mr.A.K.Baskara Pandian Special Government Pleader For Respondent : Mr.Visvalingam
ORDER
[Judgment of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.K.Baskara Pandian, learned Special Government Pleader for the appellants and Mr.Visvalingam, learned counsel for the respondent.
2. This appeal has been filed against the order made in W.P. (MD)No.25479 of 2018 filed by the respondent herein. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.936 of 2019
3. The writ petition was allowed with a direction to the second appellant to pay the encashment of leave salary and special provident fund to the petitioner within the time frame. It cannot be disputed by the appellants that the issue is squarely covered by the decision of the Hon'ble Division Bench of this Court in the case of State of Tamil Nadu represented by its Secretary, Public Works Department, Chennai and others Vs. V.Mahalingam [2019 1 WL 825]. Further, the learned Single Bench also noted the decision in the case of T.Veeravinothan Vs. Registrar of Cooperative Societies, Kilpauk, Chennai and others [2016 1 LLJ 730 (Mad.)] as well as other decisions of the Hon'ble Division Bench of this Court and Supreme Court.
4. In the light of the above, we find that the appellants have not established any ground to interfere with the order passed in the writ petition. Accordingly, this appeal fails and stands dismissed. The directions issued by the learned writ Court be complied with by the appellants within a period of eight weeks from the date of receipt of a copy of this judgment.
5. With the above direction this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) ta To 1.The Chief Conservator of Forest, Madurai Circle, Race Course Road, Madurai-625 002.
2.The District Forest Officer, Madurai Division, Race Course Road, Madurai-625 002.
ORDER MADE IN W.A.(MD)No.936 of 2019 16.09.2019 CS(15.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2